People v. Lopez CA3

BACKGROUND

The jury found Lopez guilty of one count of rape of a child under 14 (Pen. Code, § 269, subd. (a)(1)); nine counts of lewd or lascivious acts upon a child under 14 by force or fear (§ 288, subd. (b)(1)); eight counts of lewd or lascivious acts upon a child under 14 (§ 288, subd. (a)); and five counts of forcible rape (§ 261, subd. (a)(2)).1 For each offense, the jury found true four aggravating circumstances: (1) the victim was particularly vulnerable (Cal. Rules of Court, rule 4.421(a)(3)); (2) Lopez took advantage of a position of trust or confidence to commit the offense (rule 4.421(a)(11)); (3) Lopez engaged in violent conduct that indicates a serious danger to society (rule 4.421(b)(1)); and (4) Lopez committed a sexual assault offense against more than one victim (§ 1203.066, subd. (a)(7)).2 At sentencing, Lopez asked the trial court to consider three mitigating factors: (1) his early admission of wrongdoing—an early confession that he recanted at trial; (2) his poor health; and (3) his low risk of reoffending as determined by a probation department risk assessment. Based on these mitigating factors, Lopez urged the court not to impose consecutive sentences. The…